Criminalising marital rape will destabilise marriage: govt

Agencies
August 29, 2017

New Delhi, Aug 29: Marital rape cannot be made a criminal offence as it could become a phenomenon which may destabilise the institution of marriage and an easy tool for harassing the husbands, government today submitted before the Delhi High Court.

The Centre, in an affidavit filed in response to pleas seeking criminalising marital rape, said the Supreme Court and various High Courts have already observed the growing misuse of section 498A (harassment caused to a married woman by her husband and in-laws) of IPC.

The reply, filed before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, also sought to implead state governments in the matter to know their opinion to avoid any complication at a later stage.

"It has to be ensured adequately that marital rape does not become a phenomenon which may destabilise the institution of marriage apart from being an easy tool for harassing the husbands," the affidavit, filed through central government standing counsel Monika Arora, said.

The government was responding to various petitions seeking declaration of Section 375 (offence of rape) of the IPC as unconstitutional on the ground that it discriminated against married women being sexually assaulted by their husbands.

During the day's hearing, senior advocate advocate Colin Gonsalves, appearing for one of the petitioners, argued that marriage cannot be viewed as giving a husband the right to coerced intercourse on demand.

He said a marriage licence cannot be viewed as licence for a husband to forcibly rape his wife with impunity and a married woman has the same right of full control over her body as an unmarried woman. He also referred to various judgments of foreign countries.
The hearing in the matter would continue tomorrow.

Marital rape (or spousal rape) is an act in which one of the spouses indulges in sexual intercourse without the consent of the other.

The Centre said in the affidavit that marital rape has not been defined in a statute or law, while the offence of rape is defined under section 375 IPC. Hence, defining marital rape would call for a broad based consensus of the society.

"What may appear to be marital rape to an individual wife, it may not appear so to others. As to what constitutes marital rape and what would constitute marital non-rape needs to be defined precisely before a view on its criminalisation is taken," it said.

It said merely deleting the exception which provides protection to husbands from prosecution for the offence of rape, may not stop marital rape. "Moral and social awareness" plays a vital role in stopping such an act, it added.

"If all sexual acts by a man with his own wife will qualify to be marital rape, then the judgment as to whether it is a marital rape or not will singularly rest with the wife.

"The question is what evidences the courts will rely upon in such circumstances, as there can be no lasting evidence in case of sexual acts between a man and his own wife," the affidavit read.

It also referred to the reports of Law Commission and Parliamentary Standing Committee on Home Affairs, saying they have examined the matter and did not recommend criminalisation of marital rape.

Citing the Justice J S Verma Committee Report on "Amendments to Criminal Law", it said it was recommended that the exception to marital rape be removed, but it also pointed out that it is also important that legal prohibition on marital rape is accompanied by changes in the attitude of the prosecutors, police officers and those in society generally.

Regarding the petitioners' submission that other countries, mostly western, have criminalised marital rape, the Centre said it does not necessarily mean India should also follow them blindly.

"This country has its own unique problems due to various factors like literacy, lack of financial empowerment of the majority of females, mindset of the society, vast diversity, poverty, etc. and these should be considered carefully before criminalising marital rape," it said.

The affidavit said that criminal law is in the Concurrent List and implemented by the states and there is a vast diversity in the cultures of these states.

The high court had earlier asked the Centre to spell out its stand on petitions seeking to make marital rape a criminal offence.

It has agreed to examine the issue raised in PILs by NGOs RIT Foundation, All India Democratic Women's Association, represented through advocate Karuna Nandy, and a man and a woman, who have sought striking down of the exception in the Indian penal law that did not consider sexual intercourse with a minor wife, above 15 years of age, as rape.

The court has also agreed to hear a plea by NGO Men Welfare Trust, representing men victimised by alleged misuse of gender laws, opposing the petitions to make marital rape a criminal offence.

Earlier, the Centre had defended its legislation, saying child marriages were taking place in India and the decision to retain a girl's minimum age as 15 years to marry was taken under the amended rape law to protect a couple against criminalisation of their sexual activity.

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News Network
September 9,2024

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Riyadh: External Affairs Minister S Jaishankar Monday met his Russian counterpart Sergey Lavrov here in the Saudi capital, days after President Vladimir Putin named India among the three countries he is constantly in touch over the Ukraine conflict.

Their interaction took place on the sidelines of the India-Gulf Cooperation Council (GCC) foreign ministers' meeting. Both the ministers are in the Saudi capital to attend ministerial meetings of the Gulf Cooperation Council.

"Russia’s Foreign Minister Sergey Lavrov held a meeting with Foreign Minister of India @DrSJaishankar," the Russian Foreign Ministry said in a post on X.

On Thursday, President Putin named India among the three countries he is constantly in touch over the Ukraine conflict and said they are sincerely making efforts to resolve it.

Speaking at the plenary session of the Eastern Economic Forum (EEF) in Vladivostok, Putin said, "If there is a desire of Ukraine to carry on with the negotiations, I can do that." His remarks came within two weeks after Prime Minister Narendra Modi's historic visit to Ukraine, where he held talks with President President Volodymyr Zelenskyy.

"We respect our friends and partners, who, I believe, sincerely seek to resolve all issues surrounding this conflict, primarily China, Brazil and India. I constantly keep in touch with our colleagues on this issue,” Putin was quoted as saying by Russia's TASS news agency.

Russian Presidential Spokesman Dmitry Peskov last week told the Izvestia daily that India could help in establishing a dialogue on Ukraine.

Underlining the existing "highly constructive, even friendly relations" between Modi and Putin, he said the Indian Prime Minister can "lead the line on getting first-hand information from the participants in this conflict," as he “freely communicates with Putin, with Zelenskyy, and with the Americans.” "This gives a great opportunity for India to throw its weight in world affairs, to use its influence that would drive the Americans and Ukrainians towards using a greater political will and entering the peaceful settlement track,” Peskov said.

He, however, said there are "no specific plans" for Modi to mediate on the issue.

"At this time they can hardly exist, as we do not see any preconditions for talks for now,” the Kremlin spokesman said.

Modi on August 23 visited Ukraine where he conveyed to President Zelenskyy that both Ukraine and Russia should sit together without wasting time to end the ongoing war and that India was ready to play an "active role" to restore peace in the region.

His nearly nine-hour visit to Ukraine, the first by an Indian prime minister since its independence in 1991, came six weeks after he held summit talks with President Putin that triggered anguish in some Western countries.

In his talks with Zelenskyy in Kyiv, Modi said India was on the side of peace since the beginning of the conflict and he would even like to contribute personally to a peaceful resolution of the crisis.

Jaishankar arrived in the Saudi capital Sunday on the first leg of his three-nation tour to attend the first India-Gulf Cooperation Council (GCC) foreign ministers' meeting.

The GCC is an influential grouping, comprising the United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait. The total volume of India's trade with GCC countries stood at USD 184.46 billion in the financial year 2022-23.

From Riyadh, Jaishankar will travel to Germany where he will meet the German Foreign Minister as well as the leadership and other Ministers from the German government to review the entire gamut of bilateral relations. This will be his third bilateral visit to Berlin.

On the third and final leg of his trip, Jaishankar will visit Geneva.

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News Network
September 9,2024

Mangaluru, Sept 9: An action committee has voiced concerns about the construction of a new toll plaza near Sooralpady Masjid on the Mangaluru-Moodbidri-Karkala National Highway 169, 17 km from Nanthoor. Amidst ongoing construction, the Action Committee Against Surathkal Toll Gate claims irregularities and poor site selection.

Committee convener Muneer Katipalla noted that only 50% of the Nanthoor-Moodbidri-Karkala highway upgrade is complete after seven to eight years. The Nanthoor-Vamanjoor stretch remains unfinished, causing traffic issues, while dangerous hillside cutting near Kettikal has forced residents to relocate. Additionally, a flyover near Kaikamba threatens a local market.

Katipalla also criticized the construction of a bypass road, alleging it benefits real estate investors and inflates the project cost, which could increase toll fees. The proposed toll plaza, situated 36 km from Talapady toll gate and 35 km from Brahmarakotlu toll gate, violates distance regulations and is too close to local amenities, raising public objections.

There is growing concern that toll collection might begin before the project's completion, with locals frustrated by unaddressed grievances. Social activist Bava Padarangi, DYFI leader Srinath Kulal, and other community leaders attended the site visit.

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coastaldigest.com news network
September 7,2024

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Mangaluru: The bustling coastal city of Mangaluru is about to get a vibrant makeover with the introduction of food streets in three prime locations, courtesy of the Dakshina Kannada district administration, Mangaluru City Corporation (MCC), and Mangaluru Smart City Limited (MSCL). 

These food streets aim to infuse the city's social and cultural life with new energy, while providing residents and visitors a tantalizing array of culinary delights.

The first food street, soon to be unveiled, is set to light up the area near Mangala Stadium, where around 27 food stalls will offer a range of delicious treats. According to Mayor Sudheer Shetty Kannur, the project will be spearheaded by the MSCL, which has already identified two more locations for additional food streets across the city.

“Stalls will be set up on land belonging to the Department of Youth Empowerment and Sports, right next to Mangala Stadium,” shared the Mayor. Deputy Commissioner Mullai Muhilan MP has instructed MSCL to execute the project via a tender process. Following the completion of civil works, eligible bidders will be allotted food stalls. Other food streets will come up near Mahaveer Circle (Pumpwell) and at Sharbathkatte near Karnataka Polytechnic, bringing the city’s favorite street foods closer to even more neighborhoods.

Pradeep D’Souza, Deputy Director of Youth Empowerment and Sports, confirmed that work has already begun near Mangala Stadium. 

“The MSCL is making swift progress under the guidance of the Deputy Commissioner. The designated land lies between Karavali Utsav Maidan and Mangala Stadium, with permanent shops on one side and the food street to be developed on the other. The area will be equipped with essential amenities, including drinking water, electricity, and proper drainage. Cleanliness and organization will be prioritized, ensuring a welcoming atmosphere that can draw large crowds,” he said. The project is moving quickly, with completion expected in the near future.

Once completed, these food streets will not only enhance Mangaluru's charm but also provide a fresh destination for food lovers to gather, explore, and savour the diverse flavours of the city.

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